Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: CA Conservative
There have been many cares recognizing the power of Congress by law to limit the jurisdiction of the federal courts. The most recent one I'm aware of is the Aleska case. That was the company formed to build the Alaska Pipeline.

Some tree-hugging lawyers in Seattle (IIRC) got an injunction against the further construction of the pipeline under an obscure statute. Congress then withdrew jurisdiction from the courts. Then the court which had issued the injunction withdrew it, ruling that it was without power to act any further in the matter.

A full discussion of this subject would include a description of the "fundamental law" exception to this general provision in the language of Article III, Section 1, of the Constitution. However, the power to do this is long established and repeatedly recognized.

Congressman Billybob

Latest column: "South Pacific" Lesson about Muslims

16 posted on 08/03/2005 12:50:40 PM PDT by Congressman Billybob (Will President Bush's SECOND appointment obey the Constitution? I give 95-5 odds on yes.)
[ Post Reply | Private Reply | To 15 | View Replies ]


To: Congressman Billybob

But would such a statement also protect a law that otherwise was obviously unconstitutional, as opposed to being simply open to an interpretation of its meaning or how it interacts with other laws?

For example, could congress and the white house pass a law saying that all congressmen have to be Catholic, and label it so as to prevent judicial review?

It doesn't seem like they should be able to do so, or that a court would interpret the constitution as allowing them to do so.


17 posted on 08/03/2005 1:39:20 PM PDT by CharlesWayneCT
[ Post Reply | Private Reply | To 16 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson